2005 Idaho Code - 59-1305 — POWERS AND DUTIES OF BOARD -- INDEMNIFICATION

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 13
                      PUBLIC EMPLOYEES RETIREMENT SYSTEM
    59-1305.  POWERS AND DUTIES OF BOARD -- INDEMNIFICATION. (1) The board
shall have the power and duty, subject to the limitations of this chapter, of
managing the system. It shall have the powers and privileges of a corporation,
including the right to sue and be sued in its own name as such board. Members
of the retirement board, retirement system staff and retirement system
mortgage and investment committee members shall, jointly and individually, be
provided a defense and indemnified against all claims, demands, judgments,
costs, charges and expenses, including court costs and attorney's fees, and
against all liability losses and damages of any nature whatsoever that  arise
out of and in the course and scope of their official duties and functions, but
only if the defense and indemnity for such person's wrongful act or omission
are not provided by chapter 9, title 6, Idaho Code, and the wrongful act or
omission of the person was not intentional, willful or wanton misconduct,
fraudulent, or a knowing violation of law. The board may, as a fiduciary of
the trust, determine to provide a defense and indemnity hereunder. The board
may, as a fiduciary of the trust, determine to refuse a defense, or disavow
and refuse to pay any judgment against a board member, retirement system
staff, or retirement system mortgage and investment committee member if it is
determined that such person was not within the course and scope of his
official duties and functions or his conduct was intentional misconduct,
willful, wanton, fraudulent, or a knowing violation of the law. Any defense
and indemnity provided under this section shall be  an expense of the trust,
and the board is authorized but not required to purchase insurance to protect
against such risks notwithstanding any other provision of law. No contribution
or indemnification, or reimbursement for legal fees and expenses related to
such defense or indemnification, shall be sought from any person defended or
indemnified under this section unless the court in which the underlying claim
was brought finds that the act or omission of the person was outside the
course and scope of his official duties and functions or was intentional,
willful or wanton misconduct, fraudulent, or a knowing violation of law. Any
action by the trust against a board member, retirement system staff, or
mortgage and investment committee member, and any action by a person against
the trust for contribution, indemnification or necessary legal fees and
expenses shall be tried to the court in the same civil lawsuit brought on the
claim against the retirement board member, retirement system staff, or
retirement system mortgage and investment committee member. The venue of all
actions in which the board is a party shall be Ada county, Idaho.
    (2)  The board shall appoint an executive director to serve at its
discretion. The executive director shall be the secretary to the board, bonded
as is required by the board and shall perform such duties as assigned by the
board. The executive director shall be authorized to designate a staff member
as acting director or secretary in the director's absence.
    (3)  The board shall authorize the creation of whatever staff it deems
necessary for sound and economical administration of the system. The executive
director shall hire the persons for the staff who shall hold their respective
positions subject to the rules of a merit system for state employees. The
salaries and compensation of all persons employed for purposes of
administering the system shall be fixed by the board and as otherwise provided
by law.
    (4)  The board shall obtain all actuarial, audit, legal and medical
services it deems appropriate for the system. It shall cause a competent
actuary who is a member of the academy of actuaries and who is familiar with
public systems of pensions to be retained on a consulting basis. The actuary
shall be the technical advisor of the board on matters regarding the operation
of the system. During the first year of operation of the system and at least
once every four (4) years thereafter, the actuary shall make a general
investigation of the suitability of the actuarial tables used by the system.
The board shall adopt the actuarial tables and assumptions in use by the
system and may change the same in its sole discretion at any time. The actuary
shall make an annual valuation of the liabilities and reserves of the system,
and an annual determination of the amount of contributions required from the
employers under this chapter, and certify the results thereof to the board.
The actuary shall also perform such other duties as may be assigned by the
board. An independent financial audit shall be conducted annually or as
frequently as otherwise determined by the board.
    (5)  The board shall establish the system's office or offices to be used
for the meetings of the board and for the general purposes of the
administrative personnel. The board shall provide for the installation of a
complete and adequate system of accounts and records for administering this
chapter. All books and records shall be kept in the system's offices.
    (6)  If the board determines that it has previously overpaid or underpaid
benefits provided under this chapter or chapter 14, title 72, Idaho Code, it
shall correct the prior error. In the event of prior underpayment, the board
shall forthwith pay the amount of the underpayment together with regular
interest thereon. In the event of prior overpayment, the board may offset
future benefit payments by the amount of the prior overpayment together with
regular interest thereon. Any such decision to offset future benefit payments
shall be administratively and judicially reviewable as provided in section
59-1314, Idaho Code. Nothing herein contained shall be construed to limit the
rights of a member or the board to pursue any other remedy provided by law.